If you are adopting an infant through private adoption, your attorney will play a larger role, and you will want to take care in selecting the right individual. You may want to read the documents found at: http://www.childwelfare.gov/adoption/adoptive/considerations.cfm. This links to the Child Welfare Information Gateway’s numerous publications on the legal aspects of adoption.
Megan Cohen is an adoption and assisted reproductive technology attorney. She is the owner of Family Formation Law Offices in Lafayette, California representing birth parents, adopting parents, intended parents, surrogates, and gamete donors. She serves on the board of the birthmother-focused On Your Feet Foundation of Northern California. She is also a birth mother. Vist her website www.helpwithadoption.com.
To help you on your way there are a few people you will be in contact with. Here we will describe the roles some of these people play. To adopt a waiting child or teenager, you will work primarily with an adoption agency. It is only at the end of the process that you will need an adoption attorney / lawyer, who will prepare the paperwork to be filed and represent you in court.
Adoption may be a new process for you. Since it is a legal process, you will need an attorney to guide you and ensure that the adoption meets all state laws and regulations. In some states, an attorney is needed from the start of the process (i.e., in New York State adoptive parents must be Pre-Certified through their local court prior to taking custody of a child). All adoptions need an attorney to finalize the parent-child relationship through the court.
Future Focused – Adopting a child is a major life event, and one that will impact the lives of families and children for the foreseeable future. Even when a case is not contested or considered complicated, the process itself can be challenging. Ensuring all issues are promptly and correctly addressed is essential to establishing the legal parent-child relationship you have for the rest of your life, and to avoiding the possibility of complications arising in the future.
Each state in the United States and each province in Canada has a special department which deals with the affairs of children, youth and families, including child adoption. Some counties have a similar department. These departments go by many different names, and may be a part of the state's department of social services or human services. They provide services, case management, and permanency planning for children who wait in foster care. Some also approve families for adoption.
Each state in the United States and each province in Canada has a special department which deals with the affairs of children, youth and families, including child adoption. Some counties have a similar department. These departments go by many different names, and may be a part of the state's department of social services or human services. They provide services, case management, and permanency planning for children who wait in foster care. Some also approve families for adoption.
An open adoption agreement spells out the terms of the contact between the parties in an open adoption. An open adoption agreement can specify frequency and manner of contact between adoptive and birth families, and/or between siblings placed separately. However, while it may be drawn up in the form of a contract and signed by both parties, it is not legally binding.
The process is detailed. If you don’t adhere to every particular in the process, you may get a rejected application, and you’ll incur added expenses. Most adoptive families do not have money to waste on unnecessary fees. Therefore, you need someone who will get it right the first time. Furthermore, adoption law differs from state-to-state. If you’re adopting in a state outside of your home, the laws could be different from what you expect. It’s better to hire an attorney.
Processing an adoption can be a scary prospect. For those who’ve never done it before, you don’t know what you don’t know. A lot is at stake and a lot can go wrong. Issues can crop up as new information comes to light. An experienced adoption attorney can anticipate and preclude these issues. A good adoption attorney will help preclude problems, issue spot risks and potential legal roadblocks, and manage the relationship with the biological family. An attorney is also able to help all parties find appropriate resources depending on their circumstances.
While you may work with social workers, Internet consultants, and other professionals throughout your adoption, your attorney will by your legal guide throughout your adoption process. Because you will be placing a great amount of trust in their legal expertise and guidance, you need to make sure you choose the right attorney for your type of adoption. No one can tell you whom to choose. If you have done your research, understand what an attorney can and cannot do in your state, checked their licensing, experience and consumer rating with adoptive parents, and consulted with local adoption professionals (such as social workers, homestudy providers and counselors) you will just get the “feeling” this is the right person to help you build your family.
From exploring your available options and addressing disputes or challenges that arise to ensuring your rights and interests are protected through finalization hearings, Coker, Robb & Cannon, Family Lawyers can provide the step-by-step guidance to make your adoption experience a success. This includes facilitating a formal termination of parental rights (voluntary or otherwise), compiling the necessary documentation and legal work, meeting requirements and preparing for various studies and reports, and ensuring the best interests of a child are met. Although circumstances may vary, the adoption process can take months to complete, which is why having the support of caring and compassionate attorneys experienced in these matters can make all the difference.
Adoption attorneys or adoption law firms are best for prospective birth mothers who have already identified an adoptive family and who feel they don’t need much adoption counseling and support. It is important to carefully consider the resources and services you’d like to have available before choosing an adoption attorney as your adoption professional.
At Bailey & Galyen, we have been protecting the rights of individuals and families throughout Texas for years. We understand the intense emotions involved in the adoption process and are committed to providing a high level of person attention and service throughout the process. We work hard to be available whenever you need to talk with us, listening carefully to your questions and concerns. We will always keep you fully apprised of any developments in your case, as well as your options moving forward, so that we can minimize the stress and anxiety that comes with uncertainty.
This is a legal process involving a court hearing during which a judge issues a decree that permanently ends all legal parental rights of a birth parent to a child. This must occur before a child is considered to be legally free for adoption. Termination of parental rights can be voluntary or involuntary, that is, with or without the birthparents' agreement. In some states, there is a period during which the birthparent may appeal, if rights have been terminated without his or her consent. The length of that period varies from state to state.
I was wondering if anyone has ever attempted to adopt a child without using a lawyer. I have a child, she is almost 16 years old and I've had custody of her since she was 5 1/2 months old. She is not a foster child, she was given to me by her birth mother because she couldn't care for her and she was young. She hasn't seen her birth mother or had any contact since she was 1 year. My husband and I want to adopt her and she wants that to. I need to know what steps to take to do this. The birth father is unknown. I'm not sure where to begin but think it might be with involuntary relinquishment of rights. Does anyone have any help? Thanks in advance.
Home visit: Expect a home visit from a DFPS caseworker to review your personal history, lifestyle, experience caring for children and many other factors designed to determine whether you are an appropriate candidate for adoption. Each member of your household, including other children, will be interviewed, so that a complete picture of the prospective family unit can be developed.
The adoptive parents can’t leave the state where the baby was born until they comply with ICPC and the ICPC offices in the sending and the receiving state has cleared the adoptive parents to come home. Clearing ICPC requires submitting several documents (in California this packet can be nearly 50 pages), including affidavits made by attorneys from each state that the state laws have been complied with. Submitting an incomplete packet will delay clearance, leaving the adoptive parents in limbo. Work with an experienced attorney to avoid the stress, delay, and cost of complying with ICPC.
Because of the complexities of the adoption process and the potential for negative consequences, it is not recommended that you attempt to do an adoption pro se. Even a consent adoption within the family, for example, an aunt and uncle adopting a nephew with full consent of the birth parents, should still be prepared and shepherded through the court by an attorney.

From your post, it sounds like you want to do a private adoption without the birthparents involvement. Unfortunately, it's not possible to go around the birthparents' rights. They have to be notified of your intention to adopt & you have to have their consent. And like I said, if you want to go the "I can't find them" route, it has to be an honest "I hired a private investigator and here is everything we've done" kind of situation. You have to convince a judge (who doesn't terminate parental rights on a whim) that you did everything humanly possible to contact that birthmom
2. PRIOR EXPERIENCE – Ask if they have done the type of adoption you are choosing (i.e.domestic interstate adoption, specific intercountry adoption, working with singles, etc.). How many have they done and how recently (i.e., intercountry adoption changes in 2014 may not be known by immigration attorneys without current adoption experience)? You want an attorney knowledgeable and up-to-date with the type of adoption process you are starting.
In MO, where I live the legal age of adulthood is 17. Some states it is 17, some 18. If I were you I would check into that. If legal age in your state is 17, I would just wait a few months and do an adult adoption. Then you would not need anyone's consent other than yours, your husband's and your (now adult) daughter. Then you could complete your adoption without stirring up a hornets nest, although if your daughter is interested in meeting her birthparents....this would be the perfect opportunity to make that happen.
Home visit: Expect a home visit from a DFPS caseworker to review your personal history, lifestyle, experience caring for children and many other factors designed to determine whether you are an appropriate candidate for adoption. Each member of your household, including other children, will be interviewed, so that a complete picture of the prospective family unit can be developed.
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